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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the method and circumstances of deception, the crime is not less severe, and the sum of the amount acquired by deception for victims reaches KRW 54 million, and the victim D still remains a considerable damage and the victim is punished against the defendant.
However, when considering the following facts: (a) the defendant recognized his mistake and reflects on the defendant; (b) the victim F and H did not wish to punish the defendant; (c) the victim D did not have been punished; (d) the victim D deposited KRW 5 million in the trial process of the court below; and (e) the defendant deposited the victim D in the trial process; and (c) the defendant deposited the additional KRW 7 million in the trial process; (d) the defendant did not have any criminal record; and (e) the extent of the recommended punishment (6 months to one year and six months) according to the sentencing guidelines of the Supreme Court Sentencing Committee (the scope of the recommended punishment) pursuant to the sentencing guidelines of the Supreme Court Sentencing Committee / [limited to six months to one year and six months]; and (e) the basic area (6 months to one year and six months) [no person who has any special sentencing]; and (b) the court below sentenced the defendant to the punishment without any criminal record.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Determination on the grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes is made.